Money laundering laws

Money laundering is essentially dealing with the proceeds of crime. Both the State
and Commonwealth have legislation designed to prevent this from occurring.

The legislative intent is to twofold and broadly defines the two categories of
individual charged with these offences:

To stop people who commit serious offences from siphoning off their illegally
obtained wealth so that it cannot be easily seized by law enforcement authorities or
victims.

To stop third parties from assisting criminals in enjoying the fruits of their
crimes.

In the context of the first category, the money-laundering offence will very often
be coupled with a substantive charge, such as drug-supply, fraud or obtaining benefits
by deception, or a tax or other Commonwealth entity fraud.

In the case of the second category, the charges will often stand alone. The
individuals charged this way may be lawyers, accountants, investment advisors or others
who handle money on behalf of clients.

Money laundering charges are complex under both the State and Commonwealth law.
There is a gradation in the seriousness of the offence based on how much money is
involved and what level of knowledge the Crown will be able to establish the accused
had. It is possible to be charged with the least serious money-laundering offences
based purely on being negligent.

The Crown often couples charges like this with asset seizure and preservation orders
under either NSW law or the Proceeds of Crime Act (Cth). These are powerful pieces of
legislation which can severely affect your livelihood. More details about these powers
can be found here...

Possible Defences

When money laundering charges are laid alongside substantive
charges it is sometimes useful to consider what additional conduct the Crown is
alleging over and above the main offence. The charge may in fact be an unfair doubling
up of charges against an individual. In law this is called duplicity. If this is the
case the charges can be withdrawn.

The hardest task for the Crown will always be trying to establish what the person
charged knew about the money or property they were dealing in. It is therefore often
possible to negotiate the charge into a less serious category or prove outright that
you had no knowledge that the funds were reasonably likely to have been illegally
obtained.

How Can We Help

As specialist corporate criminal lawyers we understand the business behind the
dealings in property and money. We understand these complex offences and have
experience in both the State and Commonwealth offence provisions. Our team has the
experience to assist if you face other charges related to the
money-laundering.

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.